Femicide and the Palestinian criminal justice system: Seeds of change in the context of state building?

Study
Asia and the Pacific

Executive Summary

Despite the criminalization of abuses inflicted upon women, laws are still considered major sources of women's oppression. This article discusses how Palestinian society and its criminal justice system, during a politically formative period of state building, relates to "femicide." Femicide in this study pertains to the murder of girls or women for allegedly committing "crimes of family honor." Official statistics, Cassation Court rulings, and six documented cases were analyzed in depth to determine the role played by the penal code, the legal system, and the external sociocultural context in exonerating the perpetrator of femicide and placing the victim on trial. The data reflect a silent masculine conspiracy that empowers sexist and gender-biased legal policies. The article concludes by challenging Palestinian legislators to fight legal discrimination against women. It argues that state-building periods can be a "window of hope," offering societies such as Palestine's the unique opportunity to reexamine and reconstruct their laws from a gender-sensitive position. This article is only accessible with journal subscription.

Author(s)

Nadera Shalhoub-Kervorkian
In Palestinian society, as in many Arab countries, femicide may occur in response to "crimes of honor"; that is, actual or perceived behavior of girls and women, generally involving their sexuality, considered socially and culturally taboo. As such "immoral" behavior is believed to tarnish the honor of the woman's family, femicide in reaction to "crimes of honor" is usually committed by her relatives. As will be shown, the sociocultural roots of this phenomenon are so deep that the Palestinian legal system fails to deter it, blaming the victim rather than the perpetrator.

 

 


 

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